SB 595 — Creating Mountain Bike Responsibility Act

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 595 ByB SenatorsYSENATORS Woodrum,W Jeffries,OODRUM Maynard,, EFFRIE, MAYNARD, ELTON, D EEDS,ANDW ILLIS [Reported March 20, 2025, from the Committee on the Judiciary] CS for SB 595 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §20-20-1, §20-20-2, §20-20-3, §20-20-4, §20-20-5, §20-20-6, §20-20-7, §20- 20-8, §20-20-9, and Helton§20-20-10, [Introducedrelating Februaryto 25,creating 2025;the Mountain Bike Responsibility Act;

referred to the Committee on the Judiciary] Intr SB 595 2025R3424 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §20-20-1, §20-20-2, §20-20-3, §20-20-4, §20-20-5, §20-20-6, §20-20-7, §20- 20-8, and §20-20-9, relating to creating the Mountain Bike Responsibility Act;

providing for competition responsibilities;

The West Virginia Legislature finds that our natural resources and topography provide worldworld-class class opportunities to attract both resident and nonresident bicyclists to this state to enjoy the sport of mountain biking, significantly contributing to the economy of West Virginia.

Further, it is recognized that there are inherent risks in the sport of bicycling, and the purpose of this article is to define those areas of responsibilities and affirmative acts for which the mountain operators shallare be liable for loss, damage, or injury and to define those risks that the bicyclist expressly assume.

Nothing in this article shallimpacts impact other defenses that may be raised by mountain operators against claims asserted by bicyclists.

(1) "Aerial passenger tramway" means any device operated by a trail system operator used to transport passengers by single or double reversable tramway, chairlift or gondola lift, T-barT- bar lift, J-J-bar bar lift, platter lift, or similar device;device, a fiber rope or wire rope tow, or a conveyor.

a(2) fiber“Bicycle” ropehas orthe wiresame ropemeaning tow,as ordefined ain conveyor.§17C-1-18 of this code.

"MountainCS Bicyclist"for meansSB any595 person(3) present"Competitor" atmeans a trailmountain systembicyclist areaactually underengaged thein controlcompetition, of a trailspecial systemevent, operatoror fortraining theor purposepracticing offor engagingcompetition inor activities,a including,special withoutevent limitation,on bicyclingany downhillportion orof uphill,the jumpingarea onmade aavailable bicycle,by orthe anytrail othersystem cyclingoperator. device.

(4) "Mountain Bicyclist"bicyclist" 1means Intrany SBperson 595present 2025R3424at doesa nottrail includesystem area under the control of a persontrail usingsystem anoperator aerialfor passengerthe tramway.purpose of engaging in activities, including, without limitation, bicycling downhill or uphill, or jumping on a bicycle.

"Mountain Bikebicyclist" trails"does means all mountain bike trails designated by the trail system operator to be used by mountain bicyclists for the purpose of participating in the sport of mountain biking including, but not limited,include toa downhillperson trails,using cross-countryan trails,aerial freepassenger ridetramway. trails, pump tracks, and skills areas.

"Passenger"(5) means"Mountain anybike persontrails" whomeans isall lawfullymountain usingbike antrails aerialdesignated passengerby tramway,the ortrail issystem waitingoperator to embark,be orused hasby recentlymountain disembarkedbicyclists fromfor anthe aerialpurpose passengerof tramwayparticipating andin isthe insport itsof immediatemountain vicinity.biking including, but not limited to, downhill trails, cross-country trails, free ride trails, pump tracks, and skills areas.

"Trail(6) system"Passenger" area" means theany propertyperson owned,who leased,is lawfully using an aerial passenger tramway, or authorizedis underwaiting ato specialembark, useor permit,has andrecently underdisembarked thefrom controlan ofaerial thepassenger trailtramway systemand operator.is in its immediate vicinity.

(7) "Trail system operator"area" means anythe person,property partnership,owned, corporation,leased, or otherauthorized commercialunder entity,a itsspecial agents,use officers,permit, employees,and orunder representatives,the whocontrol has, as part of athe commercial, private, or for-profit endeavor, operational responsibility for mountain bicycling activities at any trail system areaoperator. and the use of an aerial passenger tramway for such purpose.

(8) "Trail system operator" means any person, partnership, corporation, or other commercial entity, its agents, officers, employees, or representatives, who has, as part of a commercial, private, or for-profit endeavor, operational responsibility for mountain bicycling activities at any trail system area and the use of an aerial passenger tramway for that purpose.

CS for SB 595 (1) Maintain a trail boardboards at a prominent locationlocations aton the trail system areaarea, displayingincluding, thatbut area'snot networklimited to, at each aerial passenger tramway used by mountain bicyclists, and at any confluence of three or more mountain bike trails;trails.

Each trail board shall display that trail system area's network of mountain bike trails;

SuchThe designation shall be at or near the top or entrance of the mountain bike trail.trail and at each place where one or more mountain bike trails intersect with one another.

Any mountain bike trail which is closed shall be so marked as closed at the trailhead;trailhead and at each place where the closed trail intersects with another mountain bike trail;

2 Intr SB 595 2025R3424 (4) ProvideEstablish internala trainedwritten and dedicated emergency responseoperations personnelplan, orand enter into an adequate emergency response plan with a local fire or EMS agency, or post at the trail boardboards maintained under subdivision (1) of this section,section instructions on how to contact emergency response personnel;personnel.

(5)The Maintainemergency theoperations mountainplan bikeshall trailsbe inprovided ato reasonablythe safeemergency condition,management exceptauthority thatresponsible suchfor the trail system operatorarea, shallas notwell beas responsiblethe forprimary anyresponse injury,agency lossserving orthe damagetrail causedsystem byarea; the following:

uneven(5) Maintain the mountain bike trails in a reasonably safe condition, except that the trail system operator is not responsible for any injury, loss, or slipperydamage railcaused andby featurethe conditions;following:

Uneven or slippery rail and feature conditions;

and other constructed features;

and properly marked permanent structures, or other similar objects;

andCS mechanicalfor orSB other595 failure(6) Post at the trail board maintained under subdivision (1) of rentalthis orsection personalthe equipment;following language:

(6) Post at the trail board maintained under subdivision (1) of this section the following language:

and (8) Construct, operate, maintain, and repair any aerial passenger tramway in accordance 3 Intr SB 595 2025R3424 with relevant and published national standards and safety requirements for suchthe machinery.machinery;

(9) Construct, operate, maintain, and repair any mountain bike trail in accordance with relevant mountain biking industry standards;

and (10) Repair and maintain all mountain bicycling equipment which is made available to mountain bicyclists, whether by rental agreement or otherwise.

NoA passenger shall:shall not:

(1) Board or embark upon, or disembark from, an aerial passenger tramway except at an area designated for suchthat purpose;

CS for SB 595 (4) Use any aerial passenger tramway if the passenger does not have the ability to use it safely without instruction, until the passenger has received sufficient instruction to permit safe usage;

(5) Embark on an aerial passenger tramway without engaging such safety or restraining devices asthat mayare be provided;

(b) Each mountain bicyclist expressly assumes the risk of, and legal responsibility for, any injury, lossloss, or damage to person or property which results from participation in the sport of mountain bicycling including, but not limited to, any injury, lossloss, or damage caused by the following:

unevenUneven or slippery trail and feature conditions;

elevated features and other constructed features;

4 Intr SB 595 2025R3424 padded and nonpadded barriers;

collisions with vehicles, pedestrians, wildlife, and heavy equipment orthat otheris similaridentified objects;as dangerous and/or a hazardous work zone;

and mechanicalproperly ormarked otherpermanent failurestructures, of rental or personalother equipment.similar objects.